Exclusive: Attorney had hoped Obama admin would take 'stronger moral stance' on torture

In a brief filed Thursday evening, Obama Justice Department lawyers extended many of the same arguments made by Bush attorneys -- that top government officials have qualified immunity from prosecution and that Guantanamo detainees do not have constitutional rights to due process.

The Department of Justice has asserted that a Supreme Court ruling reaffirming the rights of Guantanamo detainees to habeas corpus does not apply to plaintiffs in a case against former Secretary of Defense Donald Rumsfeld because the plaintiffs were released from prison four years prior to the Supreme Court's decision.